Carleton v. Foundry & Machine Products Co.’s Empirical Analysis
1917
Citation profile
1 federal appellate · 29 state decisions
How this case has been cited
Cited by 31 later decisions — most recently January 2011 · most notably Hayes v. . Elon College (1944), Hillen v. Industrial Accident Commission (1926)
1 federal appellate · 29 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Casement v. Brown · Powell v. Construction Co. · Uppington v. . City of New York · Pioneer Fireproof Construction Co. v. Hansen · Gall v. Detroit Journal Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not the fact of actual interference with the-control, but the right to interfere, that makes the difference between an independent contractor and a servant or agent.””
2 later decisions quote this exact passage““On the facts stated here I cannot find anything to indicate that this man was a servant employed by a master and remunerated by wages, that is, at so much per day or per hour or per piece. The present case is a case in which a man who has a horse of his own goes to a firm of timber merchants; they say that they want logs removed from one place to another; he says, ‘I have a horse, I shall bring it and work any day you wish me to do so, and for that you will pay 8s. a day. ’ There is nothing there of the nature of wages. It would have been the same thing if he had brought 20 horses to do the work instead of one. The contract was that he should get the work done. It was not a contract that he should do the work personally, but that he should do it in the only way in which it could be done, by having somebody to lead the horse. That is not a contract of service.””
1 later decision quote this exact passage““In the Tuttle Case the company had contracted, for the time and the services of a particular person, and the contract could not be performed, as matter of right, except by the performance of such services by the particular person employed. The master has the right to select his servants; he may hire and discharge them. He is the master who has the choice, control, and direction of the servants, and control does not exist unless the hirer has the right to discharge them and employ others in their places.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.